For several years now, dietary supplement advertising has been squarely on the radar of the FTC, state regulators, self-regulators, and last but never least, plaintiff’s lawyers. A recent FTC settlement with the makers of the...more

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act -
A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

On May 26, 2015, the Solicitor General’s office responded to the United States Supreme Court’s Oct. 14, 2014 invitation for the government’s views on the certiorari petition filed in Athena Cosmetics, Inc. v. Allergan, Inc.,...more

StarKist Co. recently agreed in principle to a $12 million settlement with a putative class of plaintiffs concerning alleged under-filling of tuna fish cans. But agreeing on the dollar figure seems to have been the easy part;...more

In an opinion addressing the amount and type of scientific evidence required to substantiate disease treatment and prevention claims, the U.S. Court of Appeals for the District of Columbia upheld the Federal Trade...more

There have been very interesting developments in Italian case law against media online piracy. The first and most important is the publication of statistics on the application of the Italian AGCOM regulation, as well as the...more

Qualcomm sells chipsets and licenses its related standard-essential patents for use in 3G- and 4G-enabled smartphones and tablets. In late 2013, China’s National Development and Reform Commission (NDRC) began investigating...more

In The People of the State of California v. IntelliGender, LLC, 771 F.3d 1169 (9th Cir. Nov. 7, 2014) (Wardlaw, J.), the Ninth Circuit said the answer is “no.” A federal court had approved a class action settlement involving...more

On December 4, the CFPB fined a New Jersey-based debt-settlement service provider $69,075 in civil monetary penalties for alleged violations of the FTC’s Telemarketing Sales Rule (TSR). The CFPB alleged that the firm charged...more

The Federal Trade Commission (FTC) and the Attorneys General of Ohio and Illinois recently entered into a stipulated settlement order with a credit monitoring company arising out of the company’s alleged conduct concerning...more

On November 12, 2014, the Federal Trade Commission announced that the District Court for the District of Columbia had entered preliminary injunctions against two debt sellers which, together, had improperly posted personal...more

On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

In California v. Intelligender, LLC, the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California from seeking restitution on behalf of members of the settlement class for...more

The Federal Trade Commission (FTC) recently brought its first enforcement action under the Restore Online Shoppers’ Confidence Act (ROSCA) against multiple defendants that the FTC alleges engaged in a common enterprise to...more

As we predicted in prior blog posts, the Federal Trade Commission has begun its vigorous enforcement of the Amended COPPA Rule. And one of the players is not a child-related site, so read on. The Commission just announced ...more

On Tuesday, July 29, the United States Court of Appeals for the Second Circuit “clarified certain aspects of [its] false advertising jurisprudence” and held that, where literal falsity and deliberate deception have been...more

FTC Sues Amazon Over In-App Purchases Made by Children -
Children, according to Whitney Houston, are our future, but they are also, according to the Federal Trade Commission, willing to spend unlimited amounts of money...more

W3C Reaches Milestone: “Do Not Track” Specification Set -
The road to establish an industry standard for Do Not Track has been long and winding.
Last year, efforts at consensus stalled, grinding the work of the...more

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

In the wake of settlements between the FTC and four weight loss product purveyors relating to the companies’ advertising tactics, the FTC has issued updated guidance for media outlets regarding the publication of...more

This memorandum is directed to the current state of the case law in the U.S. International Trade Commission (ITC or “Commission”), the U.S. Federal Trade Commission (FTC) and the U.S. District Courts for parties seeking to...more

U.S. v. Apple Inc et al

On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...more

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